Common use of Limitation of Liability and Disclaimers Clause in Contracts

Limitation of Liability and Disclaimers. 1. The Parties agree that to the fullest extent applicable, our liability for the Poodll NET Services provided via the Website is governed solely by the Japanese Law. 2. You acknowledge that although we will take reasonable steps to ensure that the Poodll NET Services will be fit for the purposes as advertised, we do not guarantee that: 1. the Poodll NET Services or Website will meet your requirements as the functionality of the Poodll NET Services and Website is dependent configuration on your Device and other components; 2. the Website and Poodll NET Services will work in each of your desired use case scenarios; and 3. the Website or Poodll NET Services can be executed on every operating system, as it is impossible to test each variant. 3. The Poodll NET Services use third party services including third party hosting services which are provided without any sort of warranties, and we cannot ensure that these third party hosting services are provided free of defect or without interruption. 4. We do not warrant that use of Poodll NET Services or Website will be uninterrupted or error free. The operation of Poodll NET Services and Website is dependent on public telephone services, computer networks, the Internet, which can be unpredictable and may from time to time interfere with the use of the Poodll NET Services and Website. We accept no responsibility for any such interference or prevention of your use of the Poodll NET Services or Website. 5. All risk arising out of the use or performance of Poodll NET Services and Website remains with you. You understand and agree that the use of the Poodll NET Services, Website, material or data downloaded or otherwise obtained through the use of the Poodll NET Services, is at your own discretion and risk and that you will be solely responsible for any infections, contaminations or damage to your computer, system or network. We are not responsible or liable for delays, inaccuracies, errors or omissions arising out of your use of the Poodll NET Services and Website, any third party software or operating system. 6. To the maximum extent permitted by law, we and our licensors disclaim all warranties, express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose and non-infringement of third party intellectual property rights or lack of viruses, for the Poodll NET Services or Website. In no event will we or our licensors be liable for any consequential, incidental, indirect, special, punitive, or other damages whatsoever arising out of these Terms, the use of or inability to use the Poodll NET Services or Website, even if we were advised of the possibility of such damages. 7. You acknowledge that we may pursue any available equitable or other remedy against you as a result of a breach by you of any provision of these Terms. 8. We or our licensors' liability for breach of any of its obligations under these Terms for the Poodll NET Services or Website, or breach of any warranty implied by law, will be limited, to the extent permitted by law, to the total price paid by you for the Poodll NET Services. Our total liability to you for all damages in connection with the Poodll NET Services will not exceed the price paid by you under these Terms for the 12 months period prior to the act which gave rise to the liability. The foregoing limitations, exclusions and disclaimers will apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. 9. You acknowledge and agree that we will not be liable for any non-compensatory damages including punitive, aggravated, multiple, exemplary, liquated or any other non-compensatory damages or the consequences of non-payment.

Limitation of Liability and Disclaimers. 1. The Parties 15.1 iTMS and the User agree that to the fullest extent applicable, our iTMS’s liability for the Poodll NET Services provided via the Website Site, the App, and the Software is governed solely by the Japanese LawAustralian Consumer Law to the extent applicable, and this Agreement. 215.2 The performance of the Software relies on you providing true, accurate and correct information. iTMS is not liable for any loss or damage suffered by you as a result of any information provided which is incorrect, inaccurate or untrue or where you do not provide any information. 15.3 Our liability is covered by our business insurance policies. We are not liable for insured matters, beyond the limits of this insurance. Please contact us if you would like information about our insurance policies and limits. 15.4 We will take steps to maintain our business insurance policies after the completion of the Services and termination of this Agreement, for as long as we are required to do so by law. 15.5 You acknowledge that although we whilst iTMS will take reasonable steps to ensure that the Poodll NET Services Software will be fit for the purposes as advertised, we do not guarantee iTMS gives no guarantees that: 1. (a) the Poodll NET Services or Website Software will meet your requirements as the functionality of the Poodll NET Services and Website Software is dependent upon configuration on your Device with the end user system and other components; 2. (b) the Website and Poodll NET Services Software will work in each of your desired use case scenarios; and 3. (c) the Website or Poodll NET Services Software can be executed on every operating system, as it is impossible to test each variant. 3. 15.6 The Poodll NET Services use third party services including Software uses third party hosting services which are provided without any sort of warranties, and we iTMS cannot ensure that these third party hosting services are provided free of defect or without interruption. 4. We do 15.7 iTMS does not warrant that use of Poodll NET Services or Website the Software will be uninterrupted or error free. The operation of Poodll NET Services and Website the Software is dependent on public telephone services, computer networks, the Internet, which can be unpredictable and may from time to time interfere with the use of the Poodll NET Services and WebsiteSoftware. We accept iTMS accepts no responsibility for any such interference or prevention of your use of the Poodll NET Services or WebsiteSoftware. 5. 15.8 All risk arising out of the use or performance of Poodll NET Services and Website the Software remains with you. All risk arising out of using third party software or hardware, with the Software, remains with you. You understand and agree that the use of the Poodll NET Services, WebsiteSoftware, material or data downloaded or otherwise obtained through the use of the Poodll NET ServicesSoftware, is at your own discretion and risk and that you will be solely responsible for any infections, contaminations or damage to your computer, system or network. We are iTMS is not responsible or liable for delays, inaccuracies, errors or omissions arising out of your use of the Poodll NET Services and WebsiteSoftware, any third party software or operating system, or any hardware. 6. 15.9 To the maximum extent permitted by applicable law, we iTMS and our its licensors disclaim all warranties, express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose and non-infringement of third party intellectual property rights or lack of viruses, for the Poodll NET Services or WebsiteSoftware. In no event will we iTMS or our its licensors be liable for any consequential, incidental, indirect, special, punitive, or other damages whatsoever arising out of these Termsthis Agreement, the use of or inability to use the Poodll NET Services or WebsiteSoftware, even if we were iTMS has been advised of the possibility of such damages. 7. You acknowledge 15.10 The Software is not intended for use in the operation of medical instruments, water craft, military installations, warfare equipment, industrial control systems and or SCADA systems and or robotic systems, surgical/medical application or equipment, artificial intelligence application or system, gambling/wagering system, and prototype, experimental or single product items, nuclear facilities, aircraft navigation or communications systems or air traffic control machines or any other machines in which case the failure of the Software could lead to death, personal injury or severe physical or environmental damage. 15.11 The User acknowledges that we iTMS may pursue any available equitable or other remedy against you as a result of a breach by you the User of any provision of these Termsthis Agreement. 8. We 15.12 iTMS or our its licensors' ’ liability for breach of any of its obligations under these Terms this Agreement for the Poodll NET Services or WebsiteSoftware, or breach of any warranty implied by law, will be limited, to the extent permitted by law, to the total price paid by you for the Poodll NET License to execute the Software or any related Services. Our iTMS’s total liability to you for all damages in connection with the Poodll NET Services Software will not exceed the price paid by you under these Terms this agreement for the 12 months period prior to the act which gave rise to the liabilitySoftware. The foregoing limitations, exclusions and disclaimers will apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. 9. You acknowledge 15.13 The User acknowledges and agree agrees that we iTMS will not be liable for any non-compensatory damages including punitive, aggravated, multiple, exemplary, liquated or any other non-compensatory damages or the consequences of non-payment.

Limitation of Liability and Disclaimers. 1. 16.1 The Parties agree that that, to the fullest extent applicable, our BA365’s liability for the Poodll NET Services provided via the Website is governed solely by the Japanese Australian Consumer Law. 216.2 BA365’s liability is covered by the relevant insurance policy. BA365 will take steps to maintain such policies after the completion of BA365’s Services and termination of this Agreement, for period as BA365 may be required under law. 16.3 You acknowledge that although we whilst BA365 will take reasonable steps to ensure that the Poodll NET Services will be fit for the purposes as advertised, we do not guarantee BA365 gives no guarantees that: 1. (a) the Poodll NET Services or Website will meet your requirements as the functionality of the Poodll NET Services and Website is dependent configuration on your Device upon a User’s use, their discretion and other componentsinput of Data; 2. (b) the Website and Poodll NET Services will work in each of your desired use case scenarios; and 3. (c) the Website or Poodll NET Services can be executed on every operating system, or web-browsers or compatible with all Hardware as it is impossible not possible to test each and every variant. 3. 16.4 The Poodll NET Services use third party services including third party hosting services which are provided without any sort of warranties, and we BA365 cannot ensure that these third third-party hosting services are provided free of defect or without interruption. 4. We do 16.5 BA365 does not warrant that use of Poodll NET the Services or Website will be uninterrupted or error free. The operation of Poodll NET the Services and Website is dependent on public telephone services, computer networks, networks and the Internet, which can be unpredictable and may from time to time interfere with the use of the Poodll NET Services and WebsiteServices. We accept BA365 accepts no responsibility for any such interference or prevention of your use of the Poodll NET Services or WebsiteServices. 5. All risk arising out 16.6 You agree that any information, insight or guidance contained on the Website or as part of the use Services is: (a) provided in good faith on an ‘as is’ basis. Any reliance you place on any information, including information regarding geospatial information contained in the Website or performance of Poodll NET Services and Website remains with you. You understand and agree that the use of the Poodll NET Services, Website, material or data downloaded or otherwise obtained through the use of the Poodll NET Services, is at your own discretion and risk and that risk. BA365 makes no warranties or representation regarding the quality, accuracy, correctness or completeness of any such information; and (b) not an attempt to advise you will of your requirements including but not limited to any requirements set by the respective Government jurisdiction you operate within, their respective legislation or regulations, or be solely responsible a substitute for any infectionslegal or professional advice you may obtain regarding your legal Requirements. Nothing contained in the Website or Services is to be used or relied on for legal advice or advice generally regarding the Requirements in Australia, contaminations New Zealand or damage to your computer, system or networkany country. We are not responsible or liable for delays, inaccuracies, errors or omissions arising out of your use of the Poodll NET The Website and Services and Website, any third party software or operating systemmaterials contained therein is intended for general information purposes only. 6. To the maximum extent permitted by law, we and our licensors disclaim all warranties, express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose and non-infringement of third party intellectual property rights or lack of viruses, for the Poodll NET Services or Website. In no event will we or our licensors be liable for any consequential, incidental, indirect, special, punitive, or other damages whatsoever arising out of these Terms, the use of or inability to use the Poodll NET Services or Website, even if we were advised of the possibility of such damages. 7. You acknowledge that we may pursue any available equitable or other remedy against you as a result of a breach by you of any provision of these Terms. 8. We or our licensors' liability for breach of any of its obligations under these Terms for the Poodll NET Services or Website, or breach of any warranty implied by law, will be limited, to the extent permitted by law, to the total price paid by you for the Poodll NET Services. Our total liability to you for all damages in connection with the Poodll NET Services will not exceed the price paid by you under these Terms for the 12 months period prior to the act which gave rise to the liability. The foregoing limitations, exclusions and disclaimers will apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. 9. You acknowledge and agree that we will not be liable for any non-compensatory damages including punitive, aggravated, multiple, exemplary, liquated or any other non-compensatory damages or the consequences of non-payment.

Limitation of Liability and Disclaimers. 1. The Parties agree that to the fullest extent applicable, our liability for the Poodll NET Services provided via the Website is governed solely by the Japanese Law. 2. 16.1 You acknowledge that although whilst we will take reasonable steps to ensure that SKUlibrary and the Poodll NET Services will be fit for the purposes as advertised, to the fullest extent permitted by law, we do not guarantee give no guarantees that: 1. (a) SKUlibrary or the Poodll NET Services or Website will meet your requirements as the functionality of SKUlibrary and the Poodll NET Services and Website is are dependent upon configuration on your Device with the End User System and other components; 2. (b) the Website and Poodll NET Site, SKUlibrary or Services will work in each of your desired use case scenarios; and 3. (c) the Website Site, SKUlibrary or Poodll NET Services can be executed on every operating system, as it is impossible to test each variant. 3. The Poodll NET Services use third party services including 16.2 SKUlibrary uses third party hosting services which are provided without any sort of warranties, and we cannot ensure that these third party hosting services are provided free of defect or without interruption. 4. 16.3 We do not warrant that use of Poodll NET SKUlibrary, Services or Website and access to the Account will be uninterrupted or error free. The operation of Poodll NET SKUlibrary, Services and Website is access to the Account are dependent on public telephone services, computer networks, the Internet, which can be unpredictable and may from time to time interfere with the use of the Poodll NET SKUlibrary, Services and Websiteaccess to the Account. We accept no responsibility for any such interference or prevention of your use of SKUlibrary, the Poodll NET Services or Websiteyour Account. 5. 16.4 All risk arising out of the use or performance of Poodll NET Services and Website SKUlibrary remains with you. You understand and agree that the use of the Poodll NET Services, WebsiteSKUlibrary, material or data downloaded or otherwise obtained through the use of the Poodll NET ServicesSKUIibrary, is at your own discretion and risk and that you will be solely responsible for any infections, contaminations or damage to your computer, system or network. We are not responsible or liable for delays, inaccuracies, errors or omissions arising out of your use of the Poodll NET Services and WebsiteSKUlibrary, any third party software or operating system. 6. 16.5 To the maximum extent permitted by applicable law, we and our licensors disclaim all warranties, express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose and non-infringement of third party intellectual property rights purpose, or lack of viruses, for the Poodll NET Services Site, SKUlibrary or Websitethe Services. In no event will we or our licensors be liable for any loss of profit, loss of revenue, loss of anticipated savings, loss of opportunity, loss of use, loss or corruption of data, loss of reputation, loss of goodwill, loss of contract or any consequential, incidental, indirect, special, punitive, or other damages whatsoever arising out of these Termsthe Agreement, the use of or inability to use the Poodll NET Services Site, SKUlibrary or Websitethe Services, even if we were have been advised of the possibility of such damages. 7. 16.6 You acknowledge that we may pursue any available equitable or other remedy against you as a result of a your breach by you of any provision of these Termsthe Agreement. 8. We or 16.7 Our and our licensors' ’ liability for breach of any of its obligations under these Terms for or in connection with the Poodll NET Services Agreement, whether in contract, tort (including negligence) or Website, or breach of any warranty implied by otherwise at law, will be limitedlimited in aggregate, to the extent permitted by law, to the total price you have paid by you for the Poodll NET to access SKUlibrary and receive our Services. Our total liability to you for all damages in connection with the Poodll NET Services will not exceed the price paid by you under these Terms for the 12 months period prior to the act which gave rise to the liability. The foregoing limitations, exclusions and disclaimers will apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. 9. 16.8 You acknowledge and agree that we will not be liable for any non-compensatory damages including punitive, aggravated, multiple, exemplary, liquated or any other non-non- compensatory damages or the consequences of non-payment.